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(영문) 대구지방법원 2016.09.08 2016고단2758
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 26, 2009, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act (driving) at the Daegu District Court, and on January 27, 2015, receiving a fine of 7 million won due to a violation of the Road Traffic Act (driving) at the Busan District Court.

【Criminal Facts】

At around 1:08 on June 9, 2016, the Defendant driven a B rocketing motor vehicle under the influence of alcohol content of approximately 0.166% from the front of the “Ddic Integrated Construction” road in the Daegu Dong-gu New-dong, Daegu-ro 14-ro, 113, to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code Article 62-2 of the Order to Attend a lecture is that the defendant is driving under drinking, even though he had a record of punishment

Although there are unfavorable circumstances such as the fact that the parked vehicle has caused a traffic accident, and the blood alcohol concentration at the time of driving under the influence of alcohol in this case is considerably high, favorable circumstances such as the fact that the defendant makes a late crime, and other factors such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime.

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